10 Things You Learned From Kindergarden To Help You Get Started With Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA compensate him for the benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans disability law firm.

Conley Monk signed up to serve in the Marines during the Vietnam War, veterans disability lawsuits driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was not honorable as he had two fights because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also understand the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be an invaluable advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical professional is one example. They may be able show that your pain is due to your service-related injury and that it is debilitating. They might be able assist you in getting the medical records you require to prove your claim.